0999RESOLUTION NO. 999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND
CONSTRUCTION OF A PLAY AREA AND. A RECREATION ROOM, A
CONDITIONAL USE PERMIT TO CONSTRUCT THE RECREATION ROOM AND A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA OF THE
LOT AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 711, AT
2 OUTRIDER ROAD, (LOT 70 -A -EF), (KIM).
THE CITY COUNCIL DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Mr. and Mrs. Samil Kim with respect to real
property located at 2 Outrider Road, Rolling Hills (Lot 70 -A -EF) requesting a Site Plan Review
for grading to enlarge the existing residential building pad to create a play area and to grade a
secondary building pad to construct a 670 square foot recreation room and a future stable, a
Conditional Use Permit (CUP) to construct the recreation room and a Variance to exceed the
maximum permitted disturbed area of the lot.
Section 2. The Planning Commission conducted duly noticed public hearings to
consider the applications on July 19, 2005, August 16, 2005, September 20, 2005, and at a field
trip visit on August 16, 2005. The applicants were notified of the public hearings in writing by
first class mail. Evidence was heard and presented from all persons interested in affecting said
proposal and from members of the City staff. The Planning Commission reviewed, analyzed
and studied said proposal. The applicants and their representative were in attendance at the
hearings. On October 18, 2005 the Planning Commission adopted a Resolution of approval for
subject case.
Section 3. At the October 24, 2005 City Council meeting the Council took
jurisdiction of Zoning Case No. 711.
Section 4. The City Council conducted duly noticed public hearings to consider the
application on November 14, 2005. The applicants were notified of the public hearing in
writing by first class mail. Their representative was in attendance. At that meeting the City
Council upheld Planning Commission's decision and directed staff to prepare a Resolution of
approval in subject case.
Section 5. The subject property is developed with a 5,560 square foot residence, 528
square foot garage, a 544 square foot swimming pool, pool equipment and service yard. The
proposed play area will be located in the rear of the existing pool and the proposed recreation
room will be located on the secondary building pad.
Section 6. The City Council finds that the project is categorically exempt from
environmental review under the California Environmental Quality Act.
Section 7. Section 17.46.020(A)(1) requires a Site Plan Review for grading projects
requiring a grading permit. With respect to the Site Plan Review application, the City Council
makes the following findings of fact:
A. The proposed activity is compatible with the General Plan and the Zoning
Ordinance. The Land Use Element of the General Plan establishes the maintenance of strict
grading practices to preserve the community's natural terrain. The Building Code and the
Zoning Ordinance require a balanced cut and fill ratio and do not permit import or export of
soil, except under special circumstances applicable to a property and with a discretionary
permission by the Planning Commission. The project conforms to Zoning Code setback and lot
coverage requirements. However, due to the location of the existing development and the
requirement to show an area for a future stable and corral, the grading is necessary.
B. The proposed activity preserves and integrates into the site design, to the
maximum extent feasible, existing natural topographic features of the lot including
surrounding native vegetation, mature trees, drainage courses, and land -forms (such as
hillsides and knolls). Although grading of the existing slope is necessary to construct the play
area, the recreation room and future stable, the grading is proposed to follow the slope. The
development plan substantially preserves the natural and undeveloped state of the lot and
enhances it by additional landscaping, which is required by this resolution. Significant
portions of the lot will be left undeveloped so as to maintain open space on the property. The
nature, condition, and development of adjacent uses, buildings, and structures and the
topography of the lot have been considered, and the construction of the play area and the
recreation room will not adversely affect or be materially detrimental to the adjacent uses,
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buildings, or structures because the proposed play area and recreation room will be
constructed on a portion of the lot which is the least intrusive to surrounding properties, will
be screened and landscaped with trees and shrubs is a sufficient distance from nearby
residences and the street so that the proposed construction will not impact the view or privacy
of surrounding neighbors, and will permit the owners to enjoy their property without
deleterious infringement on the rights of surrounding property owners.
C. The proposed development is harmonious in scale and mass with
the site, the natural terrain and surrounding residences. As indicated in Paragraph A, the lot
coverage maximum set forth in the Zoning Code will not be exceeded and the proposed
project is consistent with the scale of the neighborhood.
D. The development plan follows natural contours of the site to the maximum
extent feasible. The natural drainage courses will be preserved. The existing large trees will be
preserved and additional landscaping will be installed.
E. The development plan will be based upon compliance with the conditions
contained in this Resolution, supplement the existing vegetation with landscaping that is
compatible with and enhances the rural character of the community. Upon completion of the
project the graded areas will be re -vegetated.
F. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles -because the proposed project does not
affect the circulation for pedestrians and vehicles.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt'from its requirements.
Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code
permit approval of a Variance from the standards and requirements of the Zoning Ordinance
when exceptional or extraordinary circumstances applicable to the property and not applicable
to other similar properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity. A Variance to
Section 17.16.070 (B) is required because it states that the lot disturbance shall be limited to
40% of the net lot area. With respect to this request for a Variance for lot disturbance of 63.8%,
the City Council finds as follows:
A. There are exceptional and extraordinary circumstances and conditions applicable
to the property or to the intended use that do not apply generally to the other property or class
of use in the same zone. The Variance for the maximum permitted disturbance is necessary
because the disturbance is currently almost at the maximum permitted at 39.2%. The
additional disturbance will be minimal and will mostly remain as open space for play area
only with a 670 square foot recreation room.
B. The Variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone, but which is denied
to the property in question. The Variance is necessary because of the existing conditions of the
lot. The lot is developed from side property line to side property line with residential structure
and a pool in the rear. One third of the residence encroaches into the front setback and there is
no level area adjacent to the residence for play area for the children. The play area is to be
located in an area on the property that is on the same pad as the existing swimming pool and
the recreation room is to be located on a pad below the residential building pad and will not be
visible from any neighbor or roadway.
C. The granting of the Variance would not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which the
property is located. Significant portions of the lot will be left undeveloped so as to maintain
open space on the property. The proposed play area and recreation room will be the least
intrusive to surrounding properties, will be screened and landscaped with mature trees and
shrubs, are of sufficient distance from nearby residences, so that will not impact the view or
privacy of surrounding neighbors, and will permit the owners to enjoy their property without
deleterious infringement on the rights of surrounding property owners.
D. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of play area, which will not be paved,
and the recreation room will not adversely affect or be materially detrimental to these adjacent
uses, buildings, or structures because the proposed construction will be modest in size,
constructed on a portion of the secondary building pad, will be the least intrusive to
surrounding properties, will be screened and landscaped with mature trees and shrubs, is of
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sufficient distance from nearby residences so that it will not impact the view or privacy of
surrounding neighbors and will permit the owners to enjoy their property without deleterious
infringement on the rights of surrounding property owners.
Section 9. Section 17.16.210(A)(2) of the Rolling Hills Municipal Code permits
approval of a recreation room under certain conditions, provided the Planning Commission
approves a Conditional Use Permit. The applicant is requesting to construct a 670 square foot
recreation room. With respect to this request for a Conditional Use Permit, the City Council
finds as follows:
A. The granting of a Conditional Use Permit for the construction of a recreation
room would be consistent with the purposes and objectives of the Zoning Ordinance and
General Plan and will be desirable for the public convenience and welfare because the use is
consistent with similar uses in the community, and the area proposed for the recreation room
would be located in an area on the property where such use will not change the existing
configuration of structures on the lot.
B. The nature, condition, and development of adjacent uses, buildings, and
structures have been considered, and the construction of a recreation room will not adversely
affect or be materially detrimental to these adjacent uses, buildings, or structures because the
proposed recreation room will be located on a separate building pad. The proposed recreation
room is of sufficient distance from nearby residences so that the recreation room will not
impact the view or privacy of surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the natural terrain, and
surrounding residences because the recreation room will comply with the low profile
residential development pattern of the community. The structure will be located on a lower
pad and will not be visible from neighboring properties or the street.
D. The proposed conditional use complies with all applicable development
standards of the zone district because the 670 square foot size of the recreation room is less
than the maximum permitted under the Municipal Code.
E. The proposed conditional use is consistent with the portions of the Los Angeles
County Hazardous Waste- Management Plan relating to siting and siting criteria for hazardous
waste facilities because the project site is not listed on the current State of California
Hazardous Waste and Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title 17 of the
Zoning Code because an adequate area is set-aside for the construction of a future stable
structure, adjacent corral and access.
Section 10. Based upon the foregoing findings and the evidence in the record, the City
Council hereby approves .the Site Plan Review for grading, a Variance to permit a disturbed
net lot area of 63.8% and a Conditional Use Permit to construct a recreation room in Zoning
Case No. 711, subject to the following conditions:
A. The Site Plan Review, Conditional Use Permit and Variance approvals shall
expire within two years from the effective date of approval as defined in Sections 17.46.080,
17.42.070(A) and 17.38.070(A) of the Zoning Ordinance unless otherwise extended pursuant to
the requirements of these sections.
B. It is declared and made a condition of the approval, that if any conditions thereof
are violated, this approval shall be suspended and the privileges granted hereunder shall
lapse; provided that the City has given the applicants written notice to cease such violation,
the opportunity for a hearing has been provided, and if requested, has been held, and
. thereafter the applicant fails to correct the violation within a period of thirty (30) days from the
date of the City's determination.
C. All requirements of the Building Code, the Zoning Ordinance, and of the zone in
which the subject property is located must be complied with, unless otherwise set forth in this
approval.
D. The lot shall be developed and maintained in substantial conformance with the
site plan on file marked Exhibit A dated September 15, 2005 except as otherwise provided in
these conditions.
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E. No structures shall be constructed on the play area. The play area shall remain
covered with ground cover (pervious surface) and shall not be developed with impervious
surface.
F. Pursuant to Section 17.16.200L of the Zoning Ordinance, playground equipment,
including roofed play ground equipment may be installed on the play area, but may not be
located in any setback.
G. Structural lot coverage shall not exceed 7,872 square feet or 18.8% in
conformance with structural lot coverage limitations.
H. Total lot coverage of structures and paved areas shall not exceed 12,288 square
feet or 29.4% in conformance with total lot coverage limitations.
I. The disturbed area of the lot shall not exceed 63.8% (41,840 sq -ft.), in
conformance with disturbed area limitations, as approved by this Variance.
J. Residential building pad coverage on the 11,760 square foot residential building
pad shall not exceed 6,751 square feet or 57.4%. The proposed recreation room building pad
coverage shall not exceed 40.0% of the 2,800 square foot pad.
K. Grading for this project shall not exceed 622 cubic yards of cut and 622 cubic
yards of fill and shall be balanced on site.
L. All disturbed areas shall be landscaped. Landscaping shall include water efficient
irrigation, that incorporates low gallonage irrigation system, utilizes automatic controllers,
incorporates an irrigation design using "hydrozones," considers slope factors and climate
conditions in design, and utilizes means to reduce water waste resulting from runoff and
overspray in accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of
the Rolling Hills Municipal Code.
M. Prior to the issuance of any building or grading permit two copies of a
preliminary landscape plan shall be submitted for review by the Planning Department. Native
trees and other native plants shall be utilized, and which are consistent with the rural
character of the community. If trees are to be used in the landscaping scheme for this project,
they shall be mature when planted and which at full maturity shall not exceed the height of
the structures. Trees and shrubs shall be planted so as not to impair views of neighboring
properties but to screen the structure on the site, including the play area and walls.
N. Any walls for this project shall not exceed 5 -feet in height averaging 2 1/2 feet as
measured from the finished grade to the top of the wall.
O. The proposed recreation room shall not exceed 670 square feet and shall meet all
requirements of the Zoning Code, which include, but is not limited to the following:
a. No kitchen or other cooking facilities shall be provided within the
recreation room.
b. No sleeping quarters shall be permitted
P. If during construction a construction fence is installed, it shall not block
any easements.
Q. During construction, dust control measures shall be used to stabilize the soil
from wind erosion and reduce dust and objectionable odors generated by construction
activities in accordance with South Coast Air Quality Management District, Los Angeles
County and local ordinances and engineering practices.
R During construction, conformance with local ordinances and engineering
practices so that people or property is not exposed to landslides, mudflows, erosion, or land
subsidence shall be required.
S. During construction, conformance with the air quality management district
requirements, storm water pollution prevention practices, county and local ordinances and
engineering practices so that people or property are not exposed to undue vehicle trips, noise,
dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required.
T. During construction, the Erosion Control Plan containing the elements set forth
in Section 7010 of the 2001 County of Los Angeles Uniform Building Code shall be followed to
minimize erosion and to protect slopes and channels to control storm water pollution as
required by the County of Los Angeles.
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U. During and after construction, all parking shall take place on the project site, and
if necessary on the adjacent roadway easement.
V. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of 7 AM
and 6 PM, Monday through Saturday only, when construction and mechanical equipment
noise is permitted, so as not to interfere with the quiet residential environment of the City of
Rolling Hills.
W. The property owners shall be required to conform to the Regional Water Quality
Control Board and County Health Department requirements for the installation and
maintenance of storm water drainage facilities.
X. Drainage design shall be approved by the County of Los Angeles Building and
Safety and shall be designed in such a manner as to drain to the rear of the property and to the
maximum extent practicable be dissipated on the subject property and not in easements. The
above ground swale and dissipater shown on the site plan dated September 15, 2005 shall be
designed in such a manner as not to cross over any equestrian trails or discharge water onto a
trail, shall incorporate earth tone colors, and be screened from any trail and neighbors' views
to the maximum extent practicable, without impairing the function of the drainage system.
Y. The City's requirements related to outdoor lighting, roofing material,
undergrounding of utilities to the recreation room and future stable and all other requirements
for the zone in which the project is located shall be complied with.
Z. Prior to issuance of a grading or building permit, the project shall be reviewed
and approved by the Rolling Hills Community Association.
AA. The applicants shall execute an Affidavit of Acceptance of all conditions of the
Variance and Site Plan approvals, pursuant to Sections 17.38.060, 17.42.060 and 17.46.065 or the
approval shall not be effective.
AB. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modifications to the property, which would constitute additional
structural development or grading, shall require the filing of a new application for approval
by the Planning Commission.
PASSED, APPROVED AND ADOPTED THIS 28th DA-Y-OE-N)OVEMBER 2005.
ATTEST:
1�
MARILYN KERN, DEPUTY CITY CLERK
Resolution No. 999 -5-
STATE OF CALIFORNIA).
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 999 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING
APPROVAL FOR A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A
PLAY AREA AND A RECREATION ROOM, A CONDITIONAL USE PERMIT TO
CONSTRUCT THE RECREATION ROOM AND A VARIANCE TO EXCEED THE
MAXIMUM PERMITTED DISTURBED AREA OF THE LOT AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 711, AT 2 OUTRIDER ROAD, (LOT 70 -A -EF),
(KIM).
was approved and adopted at a regular meeting of the City Council on November 28, 2005 by
the following roll call vote:
AYES: Councilmembers Black, Heinsheimer, Hill, Mayor Pro Tem Lay
and Mayor Pernell.
NOES: . None.
ABSENT: None.
ABSTAIN: None-
and
one.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CIb CLERK
1
Resolution No. 999 -6-